NSW Protection for Registrations Under Long Service Leave Schemes for Construction and Cleaning Workers

Portable Long Service Leave Legislation Amendment Bill 2024

Legislative Assembly

Legislative Council

Assent

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Effects of this bill

If this bill passes, it means that:

The bill addresses concerns that some workers, particularly in the building and cleaning industries, could lose their registration and accumulated service credits due to working in certain "Commonwealth places" (e.g., airports or defense areas). It ensures that work performed in these places won’t result in losing entitlement to long service leave.
The bill also contains provisions to streamline the administration of the portable long service leave schemes, ensuring workers' records are properly maintained and their entitlements are preserved over time.

The Debate

What different members said when this bill was debated:

Damien Tudehope LIB

“The Opposition supports the Portable Long Service Leave Legislation Amendment Bill 2024, which makes minor amendments to the Building and Construction Industry Long Service Payments Act 1986 and the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010 to address a technical issue which has arisen in the intended operation of those Acts.”

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Abigail Boyd GRN

“I indicate that The Greens support the Portable Long Service Leave Legislation Amendment Bill 2024.”

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Bob Nanva ALP

“I speak in support of the Portable Long Service Leave Legislation Amendment Bill 2024. As has been mentioned, there are constitutional barriers that prevent the Building and Construction Industry Long Service Payments Act 1986 and the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010 from applying to Commonwealth places.”

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Mark Buttigieg ALP

“Damien Tudehope, the Hon. Bob Nanva and Ms Abigail Boyd. A priority for the Government is to improve entitlements for workers in New South Wales. The bill is an opportunity to do just that. I respond briefly to the points made by members during the debate.”

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News articles and press releases

Portable Long Service Leave Legislation Amendment Bill 2024

Ms SOPHIE COTSIS, Minister for Industrial Relations — 2024-09-18

In practice, the New South Wales Government’s advice is that a constitutional barrier means that otherwise eligible work at a Commonwealth place is not recognised as service under the New South Wales Acts. This also means that new workers who first start building or cleaning work at a Commonwealth place cannot register in a portable scheme until they carry out work on non-Commonwealth place worksites. The practical effect of this is that many workers who do not stay with the same employer in the construction or cleaning industry and work at a Commonwealth place are placed at risk of losing access to the State’s portable long service leave scheme.